Eastern District of New York • 1:26-cv-05223

#1

Aug 25, 2026

Emergency PETITION for Writ of Habeas Corpus, filed by Luis W. Villacres Vargas. (Attachments: # 1 Civil Cover Sheet) (KAD) (Entered: 08/25/2026)

#2

Aug 25, 2026

Emergency MOTION for Temporary Restraining Order by Luis W. Villacres Vargas. (Attachments: # 1 Proposed Order) (KAD) (Entered: 08/25/2026)

#3

Aug 25, 2026

FILING FEE: $ 5.00, receipt number 100028131 (KAD) (Entered: 08/25/2026)

Aug 25, 2026

ORDER TO SHOW CAUSE and Electronic Service upon the US Attorney's Office re ECF No. 1 Petition for Writ of Habeas Corpus, filed by Brittany Villacres Mantuano as next friend of Petitioner Luis W. Villacres Vargas. The United States Attorney, as attorney for Respondents, is directed to show cause by 4:00 p.m. on August 28, 2026, in writing, why the petition should not be granted, and why Respondents should not be ordered to immediately release Petitioner from detention, in light of the Second Circuit's holding in Cunha v. Freden, 175 F.4th 61, 96 (2d Cir. 2026). The government shall also address whether Petitioner is being detained pursuant to 8 U.S.C. § 1225 or § 1226. If the government's position is that Petitioner was and continues to be properly detained under § 1226, it shall show cause as to why the petition should not be granted given this Court's decision in Quille v. Blanche, No. 26-cv-2818, 2026 WL 1453889 (E.D.N.Y. May 22, 2026). Alternatively, the government may waive its rights to a response and submit a letter or otherwise consent to Petitioner's release without prejudice to its rights on appeal. If the government chooses to file a response, counsel for Respondents must serve a copy of the response on Petitioner using overnight mail with weekend delivery, with proof of such service to the Clerk of this Court. As part of its response, the government is directed to file, under seal if necessary, any records, documents, or other information in Petitioner's immigration file, as well as any underlying records relied upon in its submission not yet filed by Petitioner, and records indicating whether any property was seized from Petitioner at the time of arrest.If the government files a response, Petitioner is directed to file his reply, if any, by 4:00 p.m. on September 1, 2026, with proof of service.Service of a copy of this order, together with a copy of the petition, will be made by the Clerk of this Court through the electronic case filing system to the United States Attorney.To preserve the Court's jurisdiction pending a ruling on the petition, Petitioner shall not be removed from the United States unless and until the Court orders otherwise. See, e.g., Kuprashvili v. Flanagan, No. 25-cv-5268, 2025 WL 2382059 (S.D.N.Y. June 30, 2025) (collecting cases staying removal to maintain the status quo). Additionally, in light of Petitioner's interest in participating in further proceedings before this Court and maintaining adequate access to legal counsel throughout these proceedings, Petitioner shall not be transferred to a facility outside of this District or the Southern District of New York. See Samb v. Joyce, No. 25-cv-6373, ECF No. 3 (S.D.N.Y. Aug. 4, 2025). The Clerk of Court is respectfully directed to mail a copy of this order to Petitioner and Brittany Villacres Mantuano as next friend and note the mailing on the docket. In light of this order, the Court terminates Petitioner's motion for a temporary restraining order as moot. ECF No. 2 . Ordered by Judge Hector Gonzalez on 8/25/2026. (WCB)

Aug 25, 2026

Order on Motion for TRO AND Order to Show Cause (463)

#4

Aug 28, 2026

Extension of Time to File Document

Aug 28, 2026

Order on Motion for Extension of Time to File

#5

Sep 02, 2026

Response to Order to Show Cause

#6

Sep 03, 2026

Certificate of Service

#7

Sep 03, 2026

ORDER DISMISSING CASE: For the reasons stated in the accompanying Order, Petitioner's detention violates the Due Process Clause of the Fifth Amendment, and his Petition for a writ of habeas corpus, ECF No. 1 , is GRANTED. The governme nt is directed to immediately release Petitioner from custody and is further directed to certify compliance with the Court's Order by filing a letter on the docket no later than 6:00 p.m. today, September 3, 2026. The Court further orde rs that Petitioner shall not be re-detained without notice and an opportunity to be heard at a pre-deprivation bond hearing before a neutral decisionmaker, where the government will have the burden of showing by clear and convincing evidence that his detention is authorized under Section 1226(a). See J.C.G. v. Genalo, No. 24-cv-08755, 2025 WL 88831, at *7 (S.D.N.Y. Jan. 14, 2025) (collecting cases where courts ordered that the government bear the burden of demonstrating by clear and conv incing evidence that discretionary detention was justified). This Order includes "an injunction barring deprivation [of any] of the [Petitioner's] rights without the requisite procedural protections." Khabazha v. United States Imm igr. & Customs Enf't, No. 25-cv-5279, 2025 WL 3281514, at *8 (S.D.N.Y. Nov. 25, 2025) (ordering government release petitioner from "restrictions on his liberty imposed as a result of his unlawful [detention]... including the ankle monit or and reporting requirements" and return petitioner to "the status quo ante"). The Clerk of Court is respectfully directed to enter judgment consistent with this Order and close the case. Ordered by Judge Hector Gonzalez on 9/3/2026. (WCB)

#8

Sep 03, 2026

Letter

#9

Sep 03, 2026

Judgment - Clerk

#10

Sep 16, 2026

Mail Returned